If the ITC agrees to undertake a 337 investigation, the respondent/defendant should be allowed to make the required admissions and seek a determination of a FRAND royalty rate in another venue and the ALJ upon motion should stay the 337 investigation until the rate is set completing the formal licensing which would trigger the dismissal of the 337 proceedings or evidence is presented that the respondent is unduely delaying the rate setting action necessitating a removal of the stay.
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